Dying Without a Will: Understanding Intestate Succession in South Africa

Intestate succession is the legal process that determines how your estate is distributed when you die without a valid Will in South Africa. The Intestate Succession Act 81 of 1987 sets out a rigid hierarchy of inheritance that cannot be altered without a Will.

How Does Intestate Succession Work in South Africa?

The Act distributes assets in a strict order of priority:

1. Surviving spouse: Receives the greater of R250,000 or a child’s share
2. Children: Share the remainder equally (including children born out of wedlock)
3. Parents: Inherit if there are no spouse or children
4. Siblings: Inherit if there are no spouse, children, or parents
5. Other blood relatives: In order of proximity
6. The state: Only if no relatives can be found

What Does the Surviving Spouse Receive?

The surviving spouse receives the greater of R250,000 or an equal share with the children. The calculation depends on the matrimonial property regime (in community of property, out of community of property, or customary marriage).

Do Common-Law Partners Inherit Under Intestate Succession?

No. Common-law partners have no automatic inheritance rights under the Intestate Succession Act, regardless of the length of the relationship.

How to Avoid Intestate Succession

Create a valid Last Will and Testament at LegalWills.co.za.

Frequently Asked Questions

What is the Intestate Succession Act?

Act 81 of 1987—the South African law governing estate distribution when someone dies without a valid Will.

How much does the surviving spouse get under intestate succession?

The greater of R250,000 or a child’s share of the estate.